• The Treaty 8 Tribunal Association v. Deputy Director of Pesticide Management

    Decision Date:
    1995-04-09
    File Numbers:
    Decision Numbers:
    94/12(a)
    Third Party:
    Canadian Forest Products Limited – Fort St. John Division; Canadian Forest Products Limited – Chetwynd Division; Tackama Forest Products Limited, Permit Holders
    Disposition:
    BOARD SUPPORTS REQUEST OF AN ADJOURNMENT, HEARING WILL BE RESCHEDULED

    Summary

    Decision Date: April 9, 1995

    Panel: David Perry

    The Deputy Administrator of the Pesticide Control Act, issued Pesticide Use Permits to two forest companies to apply pesticides over Treaty 8 Tribal Association territory. The Association appealed. The Deputy Administrator and the Association jointly requested an adjournment from the Board while they attempted to negotiate a solution. This application was opposed by the Permit Holders.

    The Board noted that previous board and court decisions required that the Crown consult with Aboriginal peoples when aboriginal rights are likely to be affected, and that the level of consultation would be evaluated by the Board when the hearing proceeded. Consequently it was appropriate to allow every opportunity for consultation before the hearing. The adjournment was allowed.